Legal Remedies for Victims of Domestic Violence in India

23 May, 2025

Share on:

Introduction

Domestic violence is a serious crime, affecting numerous persons, especially women, across India. Though physical violence is the most observable, it also includes emotional, sexual, verbal, and economic abuse-from a mere nuisance to serious hurt. Due to its endemic nature and adverse societal impact, the system of Indian laws has established a set of legal remedies for the protection of victims and for the punishment of offenders. This article aims to provide an insight into the legal scenarios available in India for victims of domestic violence.

Understanding Domestic Violence

Domestic violence in India is primarily governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA). It is an ‘Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto.’ According to Section 3 of the PWDVA, domestic violence includes:

Physical abuse
Sexual abuse
Verbal and emotional abuse
Economic abuse
Threats of abuse
Harassment for dowry or other unlawful demands

The Act expands the definition of domestic relationships beyond marriage, including relationships with family members, live-in partners, and other cohabiting persons.

Protection of Women from Domestic Violence Act, 2005

Key Provisions of the Act include:

Section 4 ‘Information to Protection Officer and exclusion of liability of informant’: It states that “Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer.”
Section 5 ‘Duties of police officers, service providers and Magistrate’: This Section illustrates the duties of police officers, protection officers, and service providers to assist victims.
Section 9 ‘Duties and functions of Protection Officers’: According to this Section, there are certain duties and functions of Protection Officers which include:
- “to assist the Magistrate in the discharge of his functions
- to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area
- to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order…”
Section 12 ‘Application to Magistrate’: The victim can approach the Magistrate for relief through an application.
Section 17 ‘Right to reside in a shared household’: Ensures the victim’s right to reside in the shared household, regardless of ownership.
Section 18 ‘Protection orders’: It states that “The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person…”
Section 19 ‘Residence orders’: To prevent eviction and ensure safe accommodation.
Section 20 ‘Monetary reliefs’: Monetary relief for loss of earnings, medical expenses, and maintenance for the aggrieved person as well as her children, if any.
Section 21 ‘Custody orders’: It allows the aggrieved to obtain custody of any child or children.
Section 22 ‘Compensation orders’: It states that “In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.”

In addition to the civil remedies under the PWDVA, the Indian Penal Code (IPC) provides criminal penalties for various forms of domestic violence, such as Section 498A IPC (Husband or relative of husband of a woman subjecting her to cruelty), Section 304B IPC (Dowry Deaths), Section 323 IPC (Punishment for voluntarily causing hurt), Section 354 IPC (Assault or criminal force to woman with intent to outrage her modesty), and Section 376 IPC (Punishment for rape). Moreover, victims can also invoke certain provisions under the Criminal Procedure Code (CrPC), including Section 125 CrPC (Order for maintenance of wives, children, and parents).

Some other relevant laws include Section 13 of the Hindu Marriage Act, 1955 (Provides for divorce on the grounds of cruelty, which includes physical or mental abuse), and Section 113B of the Indian Evidence Act, 1872 (Presumption as to dowry death). Apart from these laws, various non-governmental organizations (NGOs) play a crucial role in supporting victims by offering legal aid and counseling, assisting in shelter and rehabilitation, as well as facilitating police and court procedures.

Conclusion

India's legal framework offers a mix of civil and criminal remedies to victims of domestic violence. While laws like the PWDVA and Section 498A IPC serve as powerful tools, the effectiveness of these provisions depends largely on awareness, enforcement, and social support systems. A multidimensional approach, legal, social, and psychological, is essential to ensure justice and rehabilitation for victims. By strengthening implementation and promoting legal literacy, India can make significant strides toward eradicating domestic violence and ensuring dignity for all individuals in domestic relationships.